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LINCOLN RESTAURANT CORP. v. WOLFIES REST. INC.

No. 160, Docket 26567.

291 F.2d 302 (1961)

LINCOLN RESTAURANT CORP. and Collins Restaurant Corp., doing business as a joint venture under the firm name and style of "Wolfies," and Wolfies Twenty-first Street Restaurant, Inc., Plaintiffs-Appellees, v. WOLFIES REST. INC., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 5, 1961.

Attorney(s) appearing for the Case

Theodore R. Kupferman, New York City (Schnur, Kupferman & Price, Sidney O. Raphael, and Robert Price, New York City, on the brief), for defendant-appellant.

Joseph G. Gubman, New York City (Shapiro, Gubman & Sitomer, New York City, on the brief), for plaintiffs-appellees.

Before HINCKS and MOORE, Circuit Judges, and BRENNAN, District Judge.

HINCKS, Circuit Judge.

Plaintiffs are the proprietors of two well known restaurants and sandwich shops, both called "Wolfies," in Miami Beach, Florida. Defendant, with knowledge of plaintiffs' prior use, opened a restaurant called "Wolfies" in Brooklyn, New York. Plaintiffs brought suit to protect their common law right to their trade name. Judge Byers below enjoined defendant's use of the name, the plaintiffs having waived all claim to damages, and defendant appeals...

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